Mahendra Pardi vs The State Of Madhya Pradesh
2021 Latest Caselaw 7652 MP

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           THE HIGH COURT OF MADHYA PRADESH
                     M.Cr.C.56530/2021
                Mahendra Pardi vs. State of M.P.

Gwalior, Dated :22.11.2021

       Shri Alok Kumar Sharma, Counsel for the applicant.

       Shri C.P. Singh, Counsel for the State.

       Case diary is available.

       This first application under Section 439 of Cr.P.C. has been

filed for grant of bail.

       The applicant has been arrested on 07.09.2021 in connection

with Crime No.650/2021 registered at Police Station Kotwali Distt.

Ashoknagar for offence under Sections 401, 34 of IPC.

       It is submitted by the counsel for the applicant that according to

the prosecution case, the applicant had assembled with co-accused

persons to make preparation for committing dacoity. The recovery of

a iron rod and a broken screw driver have been falsely shown from

the possession of the applicant. The applicant is in jail from

07.09.2021

. The Trial is likely to take sufficiently long time and there

is no possibility of his absconding or tampering with the prosecution

case. It is further submitted that in view of criminal antecedents, he is

ready and willing to abide by any stringent condition which may be

imposed by this Court.

Per contra, the application is vehemently opposed by the

counsel for the State. It is submitted that applicant has a criminal

history and as many as 23 criminal cases have been registered against

THE HIGH COURT OF MADHYA PRADESH M.Cr.C.56530/2021 Mahendra Pardi vs. State of M.P.

him.

Considering the facts and circumstances of the case and

without commenting on the merits of the case, the application is

allowed. It is directed that the applicant shall be released on bail on

furnishing cash surety of Rs.1,00,000/-(Rupees One Lac Only) or in

the alternative on depositing his original title-deed(s) [not Rin

Pustika] of the immovable property worth of more than the said

amount, as directed by the Supreme Court in the case of Sharo @

Shahrukh Vs. The State of MP by order dated 06.09.2021 passed

in SLP (Cri) No. 6321/2021 to the satisfaction of the Trial

Court/Committal Court to appear before the Court on the dates given

by the concerned Court.

This order shall remain effective till the end of trial but in case

of bail jump, it shall become ineffective.

It is made clear that single default in appearance before the

Trial Court, or in case of registration of new offence, this bail order

shall automatically come to an end and the cash surety so furnished

by the applicant shall automatically stand forfeited without any

reference to the Court.

In the light of the judgment passed by the Supreme Court in the

case of Aparna Bhat and others Vs. State of M.P. Passed on

18.03.2021 in Criminal Appeal No. 329/2021, the intimation

THE HIGH COURT OF MADHYA PRADESH M.Cr.C.56530/2021 Mahendra Pardi vs. State of M.P.

regarding grant of bail be sent to the complainant.

CC as per rules.

(G.S. Ahluwalia) Judge ar

ABDUR Digitally signed by ABDUR RAHMAN DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=d604b5a66b413c436e6af99c6fe547304e1bc26d2b5 10cc133f1b56faa63e77b,

RAHMAN pseudonym=352E5BC6169A1C65270B76C8214AD91A9A2E2 8EB, serialNumber=1B0EA1B496C965067285A628B81AE07B60D3 42048B7853E6108263F1DDCC0F50, cn=ABDUR RAHMAN Date: 2021.11.22 17:01:29 -08'00'